There are all kinds of acronyms floating around when talking about mortgage programs for condominium associations: FHA, VA, FMNA, FHLMC, FDMC, etc. Community associations may benefit from learning about these programs, especially…

Earlier this month, the PLCB made headlines when they issued a ruling indicating that beer distributors could now sell 12-packs of beer. In the wake of that decision, many beer distributors and breweries were scrambling to make changes…

As a Small Business Owner Do You Know the Laws that Apply to Your Business?

In the early stages of starting a business, entrepreneurs often face many problems, most of which require time and money to evaluate and resolve. That being said, there are certain investments a business owner can make that will save a lot of…

A client came to our office on Friday, and asked the following question regarding expungement in DC:I was accused of breaking and entering in Washington, DC in 2006. I pled out to a misdemeanor with no jail time. I long ago completed my…

While speaking with several great colleagues on the AILA (American Immigration Lawyers Association) discussion boards, I had a chance to share my experiences working with judges who would not allow testimony in the immigration court context. …

I recently had a chance to speak with a potential client about solicitation, prostitution, and entrapment. Can a police officer actually have sex with an escort and still threaten that same escort with solicitation and prostitution charges…

Law Office of E.C. Lewis, P.C.

It cannot be put any more simply than to say that without your customers and/or clients, your business could not survive, so lets talk about ways that you can show your appreciation to them and increase their loyalty to keep them coming back…

Now that Spring is just around the corner, lets talk about one way of making an exciting new change to your business as part of some spring cleaning. A while back there was some interesting speculation that turned out to become a reality,…

Occupational Privilege Taxes in Colorado are essentially a “head tax” that is levied on most workers within jurisdictions that have the tax. Simply put, this means that every employee that falls under the requirements in the…

Law Office of John Burton

I have been a photography enthusiast for most of my life. Although I did not take any of the pictures which appear on this website, having been an Arizona resident for over 20 years, I can assure you that Arizona is a gold mine for fellow…

The short answer is yes and no (spoken like a true attorney!), but the larger question is why would you or your business want to enter into an oral/verbal agreement when, if a dispute arises, it is extremely difficult to prove the terms and…

Legal Tips & Commentary

When I first opened my practice in 2004, I knew that I needed a website to promote my services. I had heard of blogging and figured that I needed one for my website. So I started off with Yahoo's over priced web hosting service and a blog…

Not too long ago, I started an advertising campaign on a local radio station. I excitedly tuned into the station and listened for my first "spot" to run. The station's staff had not entered the proper "conflict codes", so they also ran an…

Legal Update

Real estate mogul Harry Macklowe has received a resounding defeat by the New York Appellate Division regarding his litigation with Warren Cole, his former business right-hand man. Supreme Court Justice Cynthia Kern’s grant of summary…

Where owners of real property cannot agree on the continued ownership or operation of a property, they may commence an action for partition in Court seeking the public sale of the property. The proceeds from the sale are then distributed…

In interesting news, new regulations were finalized by the department of the Treasury regarding income taxation of property owners. Expect dramatic and significant ramifications. It took almost ten years of government efforts to reduce the…

Less than the Least

Covers crime and criminal justice (Stuntz), corporate governance, credit, and bankruptcy (Skeel), the culture wars, politics, literature and the arts, and other topics. By Professors David Skeel and William Stuntz.

This blog nearly didn&rsquo;t begin. &nbsp;Right after we first started talking about the blog four years ago, Bill got his cancer diagnosis. &nbsp;&nbsp;Bill already had endured eight years of excruciating back problems, and…

Here is a lovely article in the Boston Globe about Bill's rush to finish The Collapse of American Criminal Justice in the final months of his life.Adam Gopnik discusses Bill's book in some detail in the a New Yorker piece...

In case anyone might be interested, here are a few recent op-eds and articles:Op-Eds:A recent op-ed on the mortgage settlements is here.An op-ed from the beginning of the contraception crisis (before the more recent…

License Advocates Law Group

Provides information for professional and occupational licensees and license applicants in California who have been denied a license, credential, or certificate or who are at risk for disciplinary action (revocation, suspension, probation) against the license by the State.

Can the Result of An Administrative Hearing Ever be Reviewed or Changed?

The short answer to the question posed in the title of this post is “Yes!” But, as described below, that answer can cut both for and against the California licensee or license applicant who is not represented by skilled licensing…

License Denial or Discipline? No. 5 of the Top Ten Essential Tasks to Do Now: Prepare Your Rehabilitation Evidence

This post discusses Task No. 5 of the “Top Ten Essential Tasks for Appealing a License Denial or Defending Against License Discipline: Prepare Your Rehabilitation Evidence.”After decades of practice in the field of California…

Few people in business, and few lawyers, appreciate the importance of integrating design and legal thinking in the two related processes of brand design and trade mark registration.
Experienced trade mark lawyers know that not all trade…

“When the wind of change blows, some build walls while others build windmills.”
If you had to choose a word or phrase to describe China, what would it be? Populous? Changing fast? What about innovative? That is in fact…

Are bloggers and those who post in social media journalists are Australian law?
The question has important legal implications. The answer varies greatly depending on the area of law or legal context.
A great deal has been written on the…

State entity-filing offices -- typically a division or department of the office of the Secretary of your state -- have made it simple to convert one type of entity to another. Many provide a simple entity conversion form for this purpose.…

After I read the new check-the-box tax regulations that provided default tax treatment for different types of businesses, I suffered the usual post-traumatic tax research distress: sinus pressure, slight dizziness, and irritability.

Long Island Small Business Law Blog

I’d like to draw your attention to the concepts of two authors: Robert Kiyosaki (the author of the famous book Rich Dad, Poor Dad) in his book The Cash Flow Quadrant, and Michael Gerber in his book The E-Myth Revisited. ……

The Dangers of Interns, and of Not Paying Your Friends to Help Your Busine

Linda has just formed an LLC. She has a great new idea for a business. She has no money as she has no clients yet, but her friends love her and want to volunteer their services. She has vaguely promised … Continue reading…

My client, Marylou, has just started a small business. In this case, we formed a corporation for her dry cleaning business. Marylou is the new president of ABC Startup Dry Cleaning, Inc. She barely has enough money to pay…

M & A Law Prof Blog

Kraft announced its acquisition by Heinz this morning. And, I sense a trend. Although Kraft hasn't filed a copy of the merger agreement, yet, it has filed an 8-K with amendments to its bylaws. In what I sense is becoming...

Ted Mirvis and Bill Savitt of Wachtell Lipton have weighed in on Delaware's anti-fee shifting legislation. Basically, they argue that this is the kind of thing that doesn't require legislation - that we should all defer to the wisdom of...

Usually amendments to the corporate law are pretty sleepy affairs. This year is different. There's anti-fee-shifting legislation, In the slew of amendments generating interest this year, there's the new Chancery facilitated arbitration…

M&A Law Blog

Many former business owners will tell you that they started to contemplate selling their business only one year before, if at all. Experienced exit planners and strategists explain, however, that since this is a process, it should require 3-5…

In the practice area of acquisitions, Sellers and Buyers alike should be careful about earn outs and escrow accounts provisions in their transaction documents. Although each serves a very different purpose, the aftermath of applying these…

In order for an entrepreneur to be in business, it requires certain courage, strength of character, conviction and perseverance. As a business emerges, every day presents an obstacle or challenge, depending upon your perspective.…

Filed: March 2, 2015Opinion by: Ellen Lipton HollanderHoldings: The meaning of a contractual provision is not discerned by reading it in isolation, but by recognizing its relation to the other terms of the complete contractual…

Filed: July 8, 2014Opinion by: Ronald B. RubinHolding: A stockholders’ agreement that expired upon the “dissolution” of the company was terminated when the company was administratively dissolved for failure to file a regular…

Civil litigators know that the impending bankruptcy of an opponent is bad news for any lawsuit that’s ongoing or in the works: Bankruptcy operates as an automatic stay of any state-court litigation against the debtor until the…

The Maryland Insurance Administration, or the MIA, is charged with regulating the insurance industry in Maryland. Its responsibilities include issuing licenses to insurance professionals, developing policy, and drafting regulations.

Maryland Law Blogger

What You Need to Know About Service Disabled Veteran-Owned Business Certification

Service Disabled Veteran-Owner Business (“SDVOB”) Certification Requirements: 1. The service-disabled veteran must have a service-connected disability that has been determined by the Department of Veterans Affairs or…

Does the Foreign Account Tax Compliance Act, 26 U.S.C. sec. 1471 et seq. (“FATCA”) apply to funds transferred from one non-U.S. foreign entity to a second non-U.S. foreign entity where such funds are transferred at least in part…

Massachusetts Alcoholic Beverage Licensing Blog

The Boston Globe reports that two Boston city councilors have filed paperwork to begin a process that could result in a substantial new citywide tax on the sale of alcohol, and to use the millions of dollars in expected revenue exclusively on…

Bring your own booze could become a reality in Boston in the near future.
At-large City Councilors Michelle Wu and Stephen Murphy have submitted a proposal to allow smaller restaurants the option of offering BYOB service to diners, reports…

The Northampton City Council agreed to adopt a resolution to create 5 new liquor licenses for 5 existing businesses. Mayor David Narkewicz hopes this is the first step in getting rid of the quota system, and giving local city and towns (like…

The Corporate and M&A Law Committee and the Securities Law Committee of the International Bar Association (IBA) partnered to produce guidance to the takeover laws for more than 50 countries around the world. The material is intended as a…

In December 2009, the Swiss bank UBS and The Boston Consulting Group conducted a survey of the M&A plans which the 160 biggest listed European companies have for 2010.According to this study confidence is returning to the European M&A market,…

On March 18th, the National Labor Relations Board (NLRB) released some valuable guidance on language employers should and should not consider including in their employee handbooks. Given the broad reach of the recent handbook…

Massachusetts and Federal law requires that employers pay overtime to non-exempt employee’s that work more than 40 hours a week. Which means employers can be liable for overtime even if the hours were not authorized. To minimize the…

By: Callie L. Pioli The music industry did not get far into 2015 before delivering a blockbuster copyright case. Pharrell Williams’ and Robin Thicke’s 2013 hit Blurred Lines was in fact only 50% their hit, according to a jury…

That’s the title of this article, which appeared in yesterday’s Los Angeles Times (online).
Potential Client: So anyway, after adding the hot butter (and up-sizing to an extra-large fountain soda), the bill was, like, huge!
Lawyer:…

Michigan Bankruptcy Lawyer Mike Shovan

The Wall Street Journal reported today that the White House is weighing whether to make it easier for Americans to discharge student loans through bankruptcy. Federal law prohibits student loans — whether made by private lenders or the…

SENATE DEMOCRATS URGE RELIEF FOR STUDENT BORROWERS NOTING THAT BIG ED WILL GENERATE OVER $100 BILLION LOAN REPAYMENTS IN THE NEXT DECADE

Bloomberg News reported that a group of Senate Democrats, led by Elizabeth Warren of Massachusetts, urged the government to offer relief to distressed borrowers, even if that dampens the profit it makes from collecting on people with…

JPMORGAN CHASE IS FORCED TP PAY OUT HISTORIC $50 MILLION SETTLEMENT ADDRESING “ROBO SIGNING” AND OTHER IMPROPER PRACTICES IN BANKRUPTCY CASES IN THE EASTERN DISTRICT OF MICHIGAN

Accoring to a USTP press release, the U.S. Trustee Program has entered into a national settlement agreement with JPMorgan Chase Bank which will require Chase to pay more than $50 million including cash payments, mortgage loan credits and loan…

The Michigan Court of Appeals in Fisher Sand and Gravel v Neal A. Sweebe, Inc. ruled that the four year Statute of Limitations under the Michigan Uniform Commercial Code that applies to Breach of Contract claims also applies to claims for…

Moses & Moses Law Blog

When a person (“Person”) requires help to care for themselves or to manage his or her affairs, the court will appoint a guardian and conservator (“G/C”). The conservator must provide a surety bond equal to the amount…

On January 1, 2015, the new Alabama Limited Liability Company Act of 2014 (the “2014 Act”) will go into effect. Some of the more important changes we can expect to see from the 2014 Act are as follows: Oral Operating Agreements.…

What Is It? STAR ID is a program approved by Congress geared to help fight terrorism and reduce fraud throughout the country by improving the security of state-issued driver licenses and identification cards through their authentication and…

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. Indeed, the idea that…

If you are the parent of a child with special needs engaged in the never ending struggle to advocate for your child’s right to an education, the term “special ed” does not tend to bring a smile to your face. …

I struggled a bit for a title for this post, and I’m still not sure I got it right (but I’m thinking there might not be a “right” title for this one). Anyway . . . . Despite my best efforts to “catch up” on Columbus Day, this…

The Essentials of a Good Shareholders' Agreement (Part II): Right of First Refusal

I recently received a kind email regarding a post I did some time ago regarding the importance of the Shareholders Agreement: http://mybizlawyer.blogspot.com/2012/12/why-you-need-shareholders-agreement.html. The comment noted,…

Valuation Terms for a Buy/Sell, Operating Agreement and Shareholder Agreement

In prior posts, I stressed the importance for business owners to enter into an agreement that sets forth the right to require a redemption or buy-out of a owner's equity interest upon the occurrence of certain triggering events.…

Today's post features a guest entry by James T. Hunt, Jr., a business litigator and a partner at Slater, Tenaglia, Fritz & Hunt, P.A.Business lawsuits involving the claim of “lost profits” as damages can present unique…

In Collins Inkjet Corp. v. Eastman Kodak Co., No. 14-3306 (6th Cir. March 16, 2015), the U.S. Court of Appeals for the Sixth Circuit held that differential pricing – charging more for one product when the customer does not also purchase…

A quick note on a few recent developments suggesting that RP and RPM litigation is not yet dead. First, on February 2, 2015, a court refused to dismiss claims against Clorox arising from its refusal to sell a small regional grocery chain the…

Nancy Rapoport's Blogspot

Covers governance in higher education and in law firms, bankruptcy ethics, popular culture and the law, Enron and other corporate fiascos, and professional responsibility generally. By Nancy Rapoport, a law professor at UNLV's Boyd School of Law.

I like what Crescent Hardy is saying about Yucca Mountain ("let's explore if there's any scenario in which having Yucca Mountain be the nuclear waste repository might make sense for Nevada"), but I can't reach him via email because I don't…

If you are a minority member of a Tennessee limited liability company (“LLC”) or a minority shareholder of a Tennessee corporation, you may, at some time, need to review financial information of the LLC or the corporation. …

﻿Which Statute of Limitations Applies: Six Year for Breach of Contract, or Three Year for Injury to Property?

The Supreme Court of Tennessee recently clarified how to determine whether the three year statute of limitations for injuries to property or the six year statute of limitations for breach of contract applies to a case. Which…

A recent breach of contract case decided by the Court of Appeals of Tennessee drives home two lessons. One lesson is for sales representatives who earn their living by commissions: The other is for Tennessee lawyers who handle breach of…

Nathan Roach

After lots of advocacy, and a few false starts, investment crowdfunding is coming to Texas. Regardless of what happens with JOBS Act Title III crowdfunding, Texas is poised to be the first state to begin equity crowdfunding en masse.
Because…

New Form 1023-EZ expedites forming 501(c)3 charities
Creating a non-profit organization takes work. You have to raise funds, organize a board of directors, and conduct the actual charitable work. So, when many organizers learn that the…

New Form 1023-EZ expedites forming 501(c)3 charities
Creating a non-profit organization takes work. You have to raise funds, organize a board of directors, and conduct the actual charitable work. So, when many organizers learn that the…

On Friday, I had the honor to join some distinguished speakers for an all-day continuing legal education seminar on computer technology and the law. My fellow presenters were:Clark Walton, former CIA forensic computer analyst, lawyer…

Commissioner Ray Grace -photo by M. CordellToday, Governor McCrory appointed Ray Grace to serve as North Carolina's Commissioner of Banks for another term. Although Commissioenr Grace has been "appointed," the process actually works…

What Would The White House's Data Security Breach Proposal Mean For North Carolina Businesses?

Earlier this week, the President announced a new cybersecurity initiative. The White House explained that:"[t]here is a growing perception that individuals have lost control of their personal information; a negative implication of such a…

--> In this post I discuss a recent New Jersey appellate court decision which affirmed a trial court's decision to bar the use of expert testimony in a legal malpractice case because the expert's opinions were net…

A recent dispute involving the owners of a medical office building demonstrates, once again, how unexpected business governance issues can threaten an ongoing business.
This opinion from the Appellate Division, in New Jersey Realty Concepts,…

A recent amendment to New Jersey’s limited liability company law changes the rights of creditors seeking to collect a judgment from a member of a limited liability company, eliminating the creditor’s right to foreclose the…

Appellate courts usually defer to a trial court’s factual findings in a business divorce case thatmakes it to trial. Here is a rare decision, however, in which the Appellate Division reversed the factual determinations of the…

Effect of Teachers' Termination or Early Resignation
Our employment attorneys represent New Jersey teachers and other public employees. One issue that commonly arises is the suspension or revocation of a teacher's license when she leaves…

New Jersey Supreme Court Weighs In On Who Is An Employee and Who Is An Independent Contractor Under New Jersey Employment Law

The New Jersey Supreme Court recently clarified an employment law issue which has been vexing employment lawyers for decades. In its recent landmark decision in Hargrove versus Sleepy's LLC, the Supreme Court laid out the rules for…

What Happens When You Are Arrested for Driviing Under The Influence in New Jersey?

While driving under the influence is a traffic violation under NJSA 39:4-50, the procedure is very different from that followed for any other traffic violation, and there are significant penalties associated with an arrest for driving under…

New Reporting Requirements Take Effect for U.S. Businesses with Foreign Investors, and Businesses that Invest Abroad

A little-known federal agency within the Department of Commerce, the Bureau of Economic Analysis (BEA), revived a reporting requirement last year for U.S. companies receiving foreign investments. It also expanded the reporting requirements…

Converting an S Corporation to a C Corporation Eliminates Certain Tax Benefits, According to the IRS, Even If the Corporation Converts Back to S Statu

Electing "subchapter S" status has many benefits for a corporation and its shareholders, although it is subject to certain limitations on the number and type of shareholders. If a corporation's S status is revoked, it may be able to make the…

Renowned business appraiser Chris Mercer has written a book called Unlocking Private Company Wealth that's must reading for business owners and their advisors who should be concerned about wealth management and ownership transition for the…

Court Denies Mandatory Injunctive Relief in Battle for Control of Family Busine

The intensely personal dynamic of a family business divorce can lead to a multitude of applications to the court for interim relief in an effort to gain the higher ground financially and psychologically. This week's New York Business Divorce…

This week's New York Business Divorce travels upstate, to Buffalo, where a most interesting dispute between 50/50 members of a realty company has played out in litigation before Justice Timothy Walker, focusing on the rights of the…

Cybersecurity Alphabet Soup: The CDC, FTC, R-CISC, and RILA. What's The Best Way To Protect Your Customers' Data?

There was an interesting article in Wired.com, the magazine, recently that put a new twist on an old topic: What's the best way to make sure the internet, and all of the information that travels on it every day, is safe? How do you really…

Old Cases, Same Rule: Experts' Affidavits In Opposition To Motions For Summary Judgement In New York.

We spent our last entry talking about when a trial court faced with a motion for summary judgement can consider an affidavit from an expert even though the expert was not disclosed until after the Note of Issue and Certificate of Readiness…

What a Difference a Triable Issue of Fact Can Make: The Use of Experts to Oppose Motions for Summary Judgement in New York, Revisited.

It has been some time since we last spoke about the use of experts to oppose motions for summary judgement in New York. The topic, however, is still relevant. Some continue to believe there is a hard and fast rule, at least in the Appellate…

A same-sex couple in New York City scored a civil rights victory when their landlord agreed to add the wife's name to the rent-controlled apartment unit inhabited by the other before the legal marriage.

A new, technologically-advanced system that integrates video and cameras, license plate readers and crime reports is now being used by investigators with the New York City Police Department in an effort to bolster their cases.

Our New York City employment lawyers know that women are not expendable assets - fine for when business is going well, but unnecessary when it comes time to belt-tightening.
And yet, that is the allegation being made by five female…

Goli Realty Corp., commenced an action for the recovery of brokerage commissions. Goli sued Halperin claiming to have brought a buyer that was ready, willing and able to purchase certain real property that Halperin and his entity, SPJ LLC,…

Steve Hong is the sole shareholder of Koryeo International Corp. Hong sued his mother, Kyung Ja Hong for looting Koryeo before she transferred the corporation to him.
Hong worked for the corporation after law school. His parents promised…

A dispute between The KatiRoll Company, Inc. and Kati Junction, Inc., both of which sell Indian food, produced a court decision useful in examining trademark/servicemark and trade dress issues.
In 2002, KatiRoll opened its first store-front…

The Supreme Court of the United States Leaves Question of Trademark Tacking To Jury

The United States Supreme Court has not decided many trademark cases in the last past ten years. Recently, however, the high court was asked to end the debate amongst the federal Circuit Courts whether the judge or the jury should determine…

Music Copyright Infringement Cases: Sam Smith Backs Down to Tom Petty While The “Blurred Lines” Writers and Marvin Gaye’s Family Stand Their Ground

Music copyright infringement cases are making headlines once again. At issue this week are Sam Smith’s Grammy-nominated ballad “Stay With Me” and the on-going copyright infringement case involving Robin Thicke, Pharrell…

The TTAB Recently Decides That Wine and Beer Are Substantially Similar In The Trademark World

Some of our recent blog posts have discussed the issues that can arise when a smaller entity tries to pursue federal trademark protection of a brand name that happens to be similar to that of a larger, more recognized company. Oftentimes,…

Creditors do not want to hear it, but the answer to the question of when a debtor can defeat a claim for collection of monies due based upon a defense of no written agreement is – “it depends”, the dreaded, sometimes…

Not often used as a means to collect on a judgment, Section 5228 of New York’s Civil Practice Law and Rules (“CPLR”) provides that a judgment creditor can make an application to the court for the appointment of a receiver…

The Sophisticated Investor is Not One of P.T. Barnum’s Suckers Or Why the Experienced Business Person Cannot Plead or Prove Reliance in a Fraud Claim

When a business deal goes bad, it has to be someone’s fault, right? And if it is someone’s fault then that someone should have to pay the other participants in the deal who lost money, particularly where that someone has not been…

Frequently - very frequently - I am asked by business owners "How Do I Franchise My Business?". These entrepreneurs are looking for expansion options for their successful businesses and, for good reason, franchising is a compelling option…

So, it is 2013 – Yes, Happy New Year – but now getting to some serious issues, one that will impact and you, your family and your business interests for many years to come, you may be considering the purchase of a franchise.…

With 2013 and the beginning of the new year upon us, as an entrepreneur and business owner, it is quite common to, again, start some fresh thinking about your business, business goals, expansion and expansion options offered by franchising.…

New York Liquor License Law Blog

The Next Glass App For Smartphones Ensures That A User’s Next Glass Of Wine Or Beer Is The Perfect One

Have you ever been out to dinner and ordered a bottle of wine that no one enjoyed? Have you stood in front of racks of wine at a liquor store deliberating over which bottle to buy, ultimately to find that you made the wrong choice? These…

It’s a great time to open a brewery in New York. The state, through the acts of Governor Cuomo, is doing what it can to foster the craft beverage industry’s further development and growth. In an effort to encourage tourism and…

What’s in a name? Shakespeare believed that a rose by any other name would still smell as sweet. It appears that Empire Brewery does not agree when it comes to its Maibock lager named “Strikes Bock.” The Syracuse-based…

An unpleasant but common experience: an old judgment against you comes back to haunt you. Possibly you didn’t even know it existed: the complaint may have been served in the wrong place and you never got a copy, or the opposing party…

The first question for every small business owner who decided to form an entity? LLC or S corp? Which one is better for me? Let’s face it, most people would chose the entity that leaves more money in their pocket.…

I’ve seen my share of dumb legal mistakes made by any type of business owner. New and experienced business owners alike, remind yourself every once in a while of these common dumb legal mistakes when dealing with business…